Schappner v. Second Avenue Railroad
New York Supreme Court
THIS was an action to recover damages for a personal injury, alleged to have been sustained by the plaintiff in consequence of the negligence of the defendant or its servants, by which he was seriously injured and permanently disabled. The action was tried before Justice E. Darwin Smith and a jury.
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THIS was an action to recover damages for a personal injury, alleged to have been sustained by the plaintiff in consequence of the negligence of the defendant or its servants, by which he was seriously injured and permanently disabled. The action was tried before Justice E. Darwin Smith and a jury. When the plaintiff rested, the defendants’ counsel moved to dismiss the complaint, on the grounds, (1.) That no negligence on the part of the defendant was proved; (2.) That according to the plaintiff’s own evidence he was guilty of negligence, which contributed to the injury. The motion was…
1Opinion of the Court
By the Court, Brady, J.
The defendants’ counsel, before the jury in this case rendered their verdict, objected to its receipt on the ground that they had sent, while in their jury room, for some book, which was sent to them by the court without the consent of either of the parties. The presiding justice said, in answer to this objection, “It is proper that the counsel should understand the precise facts of the case. The jury said they wanted the annuity table, and I directéd the officer to take them the Code opened at the annuity table.” The objection was then overruled; the defendants’…
2Cases cited8 opinions
- Taylor v. BetsfordNew York Supreme Court · 1816
- Howland v. . WillettsNew York Court of Appeals · 1853
- Bunn v. CroulNew York Supreme Court · 1813
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
- Hackley v. HastieNew York Supreme Court · 1808
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3Cited by5 opinions
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- Litzenberger v. LitzenbergerNew York Supreme Court · 1917
- Raynolds v. VinierAppellate Division of the Supreme Court of the State of New York · 1908